Police protest at plan to downgrade murder

CHIEF police officers have attacked government plans to end mandatory life sentences for murder.

They fear some of the country’s most dangerous criminals would get softer sentences if ministers introduce a U. S.- style system where killings are graded according to their seriousness.

The proposed shake- up involves introducing three categories of homicide – first and seconddegree murder and manslaughter.

To convict someone of firstdegree murder, prosecutors would have to prove the defendant had an ‘ intention to kill’. Those prosecuted for seconddegree murder would merely have shown an ‘ intention to do serious harm’ and, if convicted, would not be automatically jailed for life.

Manslaughter cases – unlawful killings ‘ without malice or premeditation’ – would continue to attract much lesser sentences. The sentencing tariffs under the new structure have yet to be decided.

The Association of Chief Police Officers says some of Britain’s most notorious murderers would have received shorter jail terms if the three-tier system was already in place. The killers of headmastence ter Philip Lawrence, City financier John Monckton and child abuse victim Victoria Climbie were all prosecuted on the grounds ‘ they intended to inflict serious harm’, rather than aiming to kill their victim.

Acpo’s concerns about the sentencing shake-up emerged amid growing concern over shorter jail terms. Earlier this week it was revealed that 53 criminals sentenced to ‘ life’ in jail have been released after serving less than six years.

In its submission to the Law Commission, which is carrying out the biggest review of murder laws for 40 years, Acpo expresses fears that many dangerous criminals would ‘ exploit loopholes’ and ‘no longer face a mandatory life sentence’.

It says the proposed changes ‘may be viewed as a softer option for criminals who seek to use serious harm in furtherance of criminal enterprise’. The new offence of second- degree murder is likely to lead to ‘ substantially more pleas of guilt’, it adds.

‘It appears to us that the intention here is primarily to provide a fairer matrix of sentencing for marginal cases, which currently fall into the mandatory life sentence category,’ states the document, written by Scotland Yard murder squad chief, Commander Dave Johnston.

‘ However, we are concerned that these well-intended changes would also allow many heinous crimes to fall into second- degree murder by default. We feel that in reality there is likely to be a reduction in sentences imposed, to reflect the difference between first and second- degree murder.

‘This would in our view, merely reinforce the public concern of lenient sentencing.’

The Law Commission review follows complaints from judges that current rules force them to treat all people convicted of murder in the same way.

Currently all people convicted of murder have to receive a life sentence but the judge recommends a minimum term each offender should serve.